Certificate of merit in certain residential foreclosure actions

§ 3012-b. Certificate of merit in certain residential foreclosure
actions. (a) In any residential foreclosure action involving a home
loan, as such term is defined in section thirteen hundred four of the
real property actions and proceedings law, in which the defendant is a
resident of the property which is subject to foreclosure, the complaint
shall be accompanied by a certificate, signed by the attorney for the
plaintiff, certifying that the attorney has reviewed the facts of the
case and that, based on consultation with representatives of the
plaintiff identified in the certificate and the attorney's review of
pertinent documents, including the mortgage, security agreement and note
or bond underlying the mortgage executed by defendant and all
instruments of assignment, if any, and any other instrument of
indebtedness including any modification, extension, and consolidation,
to the best of such attorney's knowledge, information and belief there
is a reasonable basis for the commencement of such action and that the
plaintiff is currently the creditor entitled to enforce rights under
such documents. If not attached to the summons and complaint in the
action, a copy of the mortgage, security agreement and note or bond
underlying the mortgage executed by defendant and all instruments of
assignment, if any, and any other instrument of indebtedness including
any modification, extension, and consolidation shall be attached to the
certificate.

(b) Where a certificate is required pursuant to this section, a single
certificate shall be filed for each action even if more than one
defendant has been named in the complaint or is subsequently named.

(c) Where the documents required under subdivision (a) are not
attached to the summons and complaint or to the certificate, the
attorney for the plaintiff shall attach to the certificate supplemental
affidavits by such attorney or representative of plaintiff attesting
that such documents are lost whether by destruction, theft or otherwise.
Nothing herein shall replace or abrogate plaintiff's obligations as set
forth in the New York uniform commercial code.

(d) The provisions of subdivision (d) of rule 3015 of this article
shall not be applicable to a defendant who is not represented by an
attorney.

(e) If a plaintiff willfully fails to provide copies of the papers and
documents as required by subdivision (a) of this section and the court
finds, upon the motion of any party or on its own motion on notice to
the parties, that such papers and documents ought to have been provided,
the court may dismiss the complaint or make such final or conditional
order with regard to such failure as is just including but not limited
to denial of the accrual of any interest, costs, attorneys' fees and
other fees, relating to the underlying mortgage debt. Any such dismissal
shall be without prejudice and shall not be on the merits.